People v. Davis

The defendant appeals his conviction by a jury of the crime of breaking and entering. Defendant’s contention that the trial judge erred in instructing the jury on aiding and abetting, 2 when the evidence did not support this additional theory, has merit. No evidence tending to support such a charge was presented at trial level; thus it was reversible error for the trial judge to explain aiding and abetting to the jury. People v. Ware (1968), 12 Mich App 512.

Defendant’s argument that the case should be dismissed since he was denied his right to a speedy trial 3 is without merit. Contrary to…